Almost DUI but only LOUD MUSIC

[sefnfot]

What is the name of your state (only U.S. law)? CA

I was pulled over by a police officer for Loud Music.

I had a couple root beers so I was worried that the situation could get bad.

They made me sign the ticket and threatened me that if I didnt then I would be arrested

I requested that my hearing be held in a city on the outskirts of town; and the citing officer went ballistic when I tried to write this request on the ticket.

 

[CdwJava]

What is the name of your state (only U.S. law)? CA

I was pulled over by a police officer in West Hollywood for Loud Music.

I had a couple beers so I was worried that the situation could get bad.

They made me sign the ticket and threatened me that if I didnt then I would be arrested

I requested that my hearing be held in a city on the outskirts of town; and the citing officer went ballistic when I tried to write this request on the ticket.

A citation is not an admission of guilt. if you refuse to sign the citation you can and will be arrested and taken to jail, and your vehicle will likely be towed.

CVC 40502 allows you to request that the citation be issued to a court in the county seat, but not to the outskirts. If you want to change the venue of the hearing, you would have to do that through the court. Many counties do not allow such a change without really, really good reasons. But, the good news is that you can first attempt to challenge the citation for the loud music by trial by declaration.

So, what exactly is your defense?

 

[sefnfot]

hi

thanks for answering so fast I am so frustrated.

I have -0- citations in the past 5 years so any infraction frustrating to me; it may not be a big deal to most.

All I can say are the details I guess; But you are confirming what the supervising officer stated.

 

[sefnfot]

so i was driving down a business public road at around 12 AM. the music was on high ; listening to Linkin Park.

I was in minivan and i was driving east. I stopped at a stop sign; completely. then I continued until i stopped at a red light. To the right of me was the sherrifs car. then the light turned green and I continued and the red flashing lights appeared behind me. I was completely unaware of the reason.

I was not in a residential area and the streets were empty; also my windows were up so the music was kept inside.

 

[sefnfot]

27007. No driver of a vehicle shall operate, or permit the
operation of, any sound amplification system which can be heard
outside the vehicle from 50 or more feet when the vehicle is being
operated upon a highway, unless that system is being operated to
request assistance or warn of a hazardous situation.
This section does not apply to authorized emergency vehicles or
vehicles operated by gas, electric, communications, or water
utilities. This section does not apply to the sound systems of
vehicles used for advertising, or in parades, political or other
special events, except that the use of sound systems on those
vehicles may be prohibited by a local authority by ordinance or
resolution.

I did have a magnetic advertisement attatched to the vehicle.
A for rent sign that I use to advertise apartments for rent.

is this a defense based on the exclussion

This section does not apply to the sound systems of vehicles used for advertising

 

[sefnfot]

can I and how do I request the officers notes on the citation?

 

[cbg]

But the sound system was not being used for advertising. You can't just slap an advertising sign on the vehicle and crank your sound levels up.

 

[CdwJava]

so i was driving down a business public road at around 12 AM. the music was on high ; listening to Linkin Park.

And if heard from 50' away you are guilty of the offense (not all that far - a little more than 2 car lengths most the time).

27007. No driver of a vehicle shall operate, or permit the
operation of, any sound amplification system which can be heard
outside the vehicle from 50 or more feet when the vehicle is being
operated upon a highway, unless that system is being operated to
request assistance or warn of a hazardous situation.
This section does not apply to authorized emergency vehicles or
vehicles operated by gas, electric, communications, or water
utilities. This section does not apply to the sound systems of
vehicles used for advertising, or in parades, political or other
special events, except that the use of sound systems on those
vehicles may be prohibited by a local authority by ordinance or
resolution.​

I was not in a residential area and the streets were empty; also my windows were up so the music was kept inside.

Clearly it was not quiet as silent as you thought.

 

[CdwJava]

can I and how do I request the officers notes on the citation?

You make a request for discovery.

 

[sefnfot]

now I didnt mention how it could have gotten worse.

I asked for a supervisor then I asked the officer if I could contact my attorney before signing the ticket. they agreed so far. then, since it was 12 AM I couldnt reach anyone that I knew, nor could I reach the topgundui.com.

So as I finally was signing my name I tried to add that I requested for a Lancaster venue. so both cops reached into the minivan and snatched the ticket book away from me. I did not resist that at all; but it appeared to me that they were attempting to prevent me from something. Although, you have all stated that I couldnt request another venue anyhow.

I dont know what the big deal was but they were annoyed.

I guess they could have made it allot worse. But at this stage I need to work on a defense.

But the other fact is as follows (as I mentioned above)

I was coming back from a city rent board meeting in which I have a business license in a minivan that I currently have posted the advertisement to rent out apartments.

 

[Zigner]

You can't write random ramblings on the ticket. All you get to write is your signature.

 

[sefnfot]

what kind of fine am I looking at ? it doesn't say anything on the ticket , where can I look it up

 

[Zigner]

what kind of fine am I looking at ? it doesn't say anything on the ticket , where can I look it up

It will be on the courtesy notice that is mailed to you. Others on here can post a general idea...

 

[xylene]

So you beat the rap on a near DUI, acted out at the scene, and you don't consider yourself lucky in this situation?

 

[HomeGuru]

So you beat the rap on a near DUI, acted out at the scene, and you don't consider yourself lucky in this situation?

**A: sounds crazy yeah.